IN THE CASE OF:
BOARD DATE: 26 June 2014
DOCKET NUMBER: AR20130019307
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show two awards of the Army Commendation Medal (ARCOM) and completion of 23 months and 11 days of foreign service.
2. The applicant states his DD Form 214 incorrectly reflects only one award of the ARCOM, but he received two awards of the ARCOM. His DD Form 214 also shows he completed 11 months and 23 days of foreign service instead of 23 months and 11 days of foreign service.
3. The applicant provides copies of his DD Form 214 and honorable discharge from the U.S. Army Reserve (USAR).
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant enlisted in the Regular Army on 25 August 1958 for a period of 3 years. He completed basic training and advanced individual training as a personnel specialist at Fort Carson, Colorado, and remained assigned to Fort Carson.
3. He was transferred to Germany on 28 February 1959 and served as a unit clerk until he departed Germany on 10 February 1961. He completed 1 year, 11 months, and 13 days of foreign service. He was transferred to Fort Slocum, New York, where he remained until he was honorably released from active duty on 24 August 1961 due to the expiration of his term of service. He completed 3 years of active duty service.
4. Item 24c (Foreign and/or Sea Service) of his DD Form 214 shows he completed 11 months and 23 days of foreign service. His DD Form 214 also shows he was awarded the Army Good Conduct Medal and Army Commendation Medal.
5. A review of his official records shows orders for one award of the ARCOM which was awarded in General Orders Number 52 issued by Headquarters, 7th U.S. Army, dated 25 June 1960.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 incorrectly reflects his foreign service as 11 months and 23 days was noted and found to have merit. The applicant actually completed 1 year, 11 months, and 13 days of foreign service and his DD Form 214 should be corrected accordingly.
2. While the sincerity of the applicant's claim that he was awarded two ARCOM's is not in doubt, his official records contain only one award of the ARCOM. The applicant has failed to show any evidence to the contrary.
3. In the absence of evidence to show he was awarded two ARCOM's, there appears to be no basis to add an additional award of the ARCOM to his DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____x___ ____x___ ___x____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
* deleting the entry "0 11 23" from item 24c of his DD Form 214
* adding the entry "01 11 13 to item 24c of his DD Form 214
2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to adding a second award of the ARCOM to his DD Form 214.
_______ _ _x______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20130019307
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